Can a novel artistic technique be protected by patent or copyright?

Question

I want to share my technique, but also want to sell my own pieces. I know how to research patents, but am struggling with how to phrase a search that involves techniques used by artists to manually create art ...as opposed to computer or mechanical methods. My technique is simple but leaves room for considerable creative added-value.

Answer 1

I'm not sure exactly what you mean by "artistic technique."  But most likely it can be patented if it's novel and nonobvious.  The art created by the technique is likely protected under copyright.

The bigger question, however, is why you're even seeking to spend possibly tens of thousands of dollars to patent your technique.  For example, if it is a technique used by an artist to create art, how are you going to prove infringement?  Can you prove infringement simply by looking at the art that is created?  Is it your intention to sue individual end users (i.e., other artists such as yourself) of your technique?

Since infringement is difficult to prove or suing individual end users is not practical, patents are not really appropriate in most cases of manual techniques by end users.